NY State Senate Bill 2015-S3869A

Senate Bill S3869A

2015-2016 Legislative Session

Relates to categorizing members of an auxiliary police program with police officers and peace officers for purposes of certain felony classifications

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2016	print number 3869a
Jan 26, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
Feb 20, 2015	referred to codes

Bill Amendments

Original

A (Active)

2015-S3869 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5098
2019-2020: S1999

2015-S3869 - Summary

Relates to categorizing members of an auxiliary police program organized and maintained by a state or local police department with police officers and peace officers for purposes of certain felony classifications.

2015-S3869 - Sponsor Memo

                                BILL NUMBER:S3869

TITLE OF BILL:  An act to amend the penal law, in relation to
categorizing members of an auxiliary police program organized and
maintained by a state or local police department with police officers
and peace officers for purposes of certain felony classifications

SUMMARY OF PROVISIONS:

Section 1 of the bill states that this act shall be known as the
"Auxiliary Police Officers Yevgeniy Marshalik and Nicholas Pekearo
Memorial Act."

Section 2 of the bill adds members of auxiliary police programs to
Section 70.02 of the Penal Law (Aggravated Criminally Negligent
Homicide).

Section 3 of the bill adds members of auxiliary police programs to
Section 120.05 of the Penal Law (Aggravated Criminally Negligent
Homicide).

Section 4 of the bill adds members of auxiliary police programs to
Section 120.08 of the Penal Law (Assault on a Peace Officer, Police
Officer, Firefighter, Emergency Medical Services Professional, or
On-Duty Member of an Auxiliary Police Program).

Section 5 of the bill adds members of auxiliary police programs to
Section 125.11 of the Penal Law (Aggravated Criminally Negligent
Homicide).

Section 6 of the bill adds members of auxiliary police programs to
Section 125.21 of the Penal Law (Aggravated Manslaughter in the Second
Degree).

Section 7 of the bill adds members of auxiliary police programs to
Section 125.22 of the Penal Law (Aggravated Manslaughter in the First
Degree).

Section 8 of the bill adds members of auxiliary police programs to
Section 125.26 of the Penal Law (Aggravated Murder).

Section 9 of the bill adds members of auxiliary police programs to
Section 125.27 of the Penal Law (Murder in the First Degree).

Section 10 of the bill is the effective date.

JUSTIFICATION:

Auxiliary police officers provide a much-needed service to New York
State. Although auxiliary police officers do not engage in preemptive
enforcement action, they do patrol in uniform on the streets of New
York and are a vital part of the law enforcement system in communities
across the state.

On Friday, March 16th, 2007, auxiliary police officers Yevgeniy
Marshalik and Nicholas Pekearo were shot and killed while on patrol in
New York City's West Village. Though the man who shot the officers was


subsequently killed in a firefight with police officers, if his case
had gone to trial he would have likely been charged with lesser crimes
for the murder of auxiliary police officers Marshalik and Pekearo than
he would have for killing a police officer.

Auxiliary police officers are unpaid volunteers who courageously
devote their time to ensuring the safety of the citizens of New York,
sometimes putting themselves in harm's way to do so. Therefore, it is
crucial that we recognize the civically-minded sacrifices they make
and strengthen the penalties for anyone who attacks or kills them
while in the line of duty.

This bill, the Auxiliary Police Officers Yevgeniy Marshalik and
Nicholas Pekearo Memorial Act, would remedy the inequity under current
law and provide a stronger deterrent to discourage violence against
auxiliary police officers in the future.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date upon which it shall have become a law.

2015-S3869 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3869

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to categorizing members of an
  auxiliary police program organized and maintained by a state or  local
  police department with police officers and peace officers for purposes
  of certain felony classifications

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the  "Auxiliary
Police Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act".
  S 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, [fireman  or]  FIRE-
FIGHTER, emergency medical services professional, OR MEMBER OF AN AUXIL-
IARY  POLICE  PROGRAM,  WHILE  ON  DUTY,  as  defined in section 120.08,
assault on a judge as defined in section 120.09,  gang  assault  in  the
second  degree  as defined in section 120.06, strangulation in the first
degree as defined in section 121.13, burglary in the  second  degree  as
defined  in  section  140.25, robbery in the second degree as defined in
section 160.10, criminal possession of a weapon in the second degree  as
defined  in  section  265.03,  criminal  use  of a firearm in the second
degree as defined in section 265.08, criminal sale of a firearm  in  the
second  degree  as defined in section 265.12, criminal sale of a firearm
with the aid of a minor as defined in section 265.14, aggravated  crimi-
nal  possession  of a weapon as defined in section 265.19, soliciting or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09115-01-5

S. 3869                             2

providing support for an act of terrorism in the first degree as defined
in section 490.15, hindering prosecution  of  terrorism  in  the  second
degree as defined in section 490.30, and criminal possession of a chemi-
cal  weapon  or  biological  weapon  in  the  third degree as defined in
section 490.37.
  S 3. Subdivision 3 of section 120.05 of the penal law, as  amended  by
chapter 196 of the laws of 2014, is amended to read as follows:
  3.  With intent to prevent a peace officer, a police officer, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed  practical  nurse,  sanitation
enforcement  agent,  New  York  city  sanitation  worker, a firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician administering first aid in the course of performance of  duty  as
such  firefighter,  an  emergency medical service paramedic or emergency
medical service technician, or medical or related personnel in a  hospi-
tal  emergency  department,  a  city  marshal,  a  school crossing guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, a traffic enforcement officer [or], A traffic enforcement agent
OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A
STATE OR LOCAL POLICE DEPARTMENT WHILE PERFORMING HIS OR HER  DUTIES  AS
SUCH  AUXILIARY  POLICE OFFICER, from performing a lawful duty, by means
including releasing or failing to control an animal under  circumstances
evincing the actor's intent that the animal obstruct the lawful activity
of such peace officer, police officer, prosecutor as defined in subdivi-
sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York city sanitation worker, firefighter,  paramedic,  technician,  city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a  of the general municipal law, traffic enforcement officer [or],
traffic enforcement agent OR MEMBER OF AN AUXILIARY POLICE  PROGRAM,  he
or  she  causes  physical  injury to such peace officer, police officer,
prosecutor as defined in subdivision thirty-one of section 1.20  of  the
criminal  procedure  law,  registered  nurse,  licensed practical nurse,
sanitation enforcement agent, New York  city  sanitation  worker,  fire-
fighter,  paramedic,  technician  or  medical  or related personnel in a
hospital emergency department,  city  marshal,  school  crossing  guard,
traffic  enforcement  officer [or], traffic enforcement agent OR ON-DUTY
MEMBER OF AN AUXILIARY POLICE PROGRAM; or
  S 4. Section 120.08 of the penal law, as added by chapter 632  of  the
laws of 1996, is amended to read as follows:
S  120.08 Assault on a peace officer, police officer, [fireman or] FIRE-
           FIGHTER, emergency medical services professional, OR  ON-DUTY
           MEMBER OF AN AUXILIARY POLICE PROGRAM.
  A  person  is  guilty  of  assault on a peace officer, police officer,
[fireman or] FIREFIGHTER, emergency medical  services  professional,  OR
ON-DUTY  MEMBER  OF  AN  AUXILIARY  POLICE  PROGRAM when, with intent to
prevent a peace officer, A  police  officer,  a  [fireman]  FIREFIGHTER,
including  a  [fireman]  FIREFIGHTER  acting as a paramedic or emergency
medical technician administering first aid in the course of  performance
of duty as such [fireman] FIREFIGHTER, [or] an emergency medical service
paramedic [or], AND emergency medical service technician, OR A MEMBER OF
AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL
POLICE  DEPARTMENT  WHILE PERFORMING HIS OR HER DUTIES AS SUCH AUXILIARY
POLICE OFFICER, from performing a lawful duty, he OR SHE causes  serious
physical  injury  to such peace officer, police officer, [fireman] FIRE-

S. 3869                             3

FIGHTER, paramedic [or], technician, OR ON-DUTY MEMBER OF  AN  AUXILIARY
POLICE PROGRAM.
  Assault  on a peace officer, police officer, [fireman or] FIREFIGHTER,
emergency medical services professional, OR ON-DUTY MEMBER OF AN  AUXIL-
IARY POLICE PROGRAM is a class C felony.
  S  5.  Section 125.11 of the penal law, as added by chapter 765 of the
laws of 2005, is amended to read as follows:
S 125.11 Aggravated criminally negligent homicide.
  A person is guilty of aggravated criminally negligent  homicide  when,
with criminal negligence, he or she causes the death of a police officer
[or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
AND  MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such officer
OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or  reasonably  should
have  known  that  such  victim was a police officer or peace officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM.
  Aggravated criminally negligent homicide is a class C felony.
  S 6. Section 125.21 of the penal law, as added by chapter 765  of  the
laws of 2005, is amended to read as follows:
S 125.21 Aggravated manslaughter in the second degree.
  A  person  is  guilty  of aggravated manslaughter in the second degree
when he or she recklessly causes the death of  a  police  officer  [or],
peace  officer  OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND
MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such  officer  OR
MEMBER  OF  AN  AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or  reasonably  should
have  known  that  such  victim was a police officer or peace officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM.
  Aggravated manslaughter in the second degree is a class C felony.
  S 7. Section 125.22 of the penal law, as added by chapter 765  of  the
laws of 2005, is amended to read as follows:
S 125.22 Aggravated manslaughter in the first degree.
  A  person  is  guilty  of  aggravated manslaughter in the first degree
when:
  1. with intent to cause serious physical injury to  a  police  officer
[or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer
OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his  or  her official duties and the defendant knew or reasonably should
have known that such victim was a police officer [or], a  peace  officer
OR  A  MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death
of such officer OR MEMBER OF AN  AUXILIARY  POLICE  PROGRAM  or  another
police  officer  or  peace  officer  OR  A MEMBER OF AN AUXILIARY POLICE
PROGRAM; or
  2. with intent to cause the death of  a  police  officer  [or],  peace
officer  OR  A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAIN-
TAINED BY A STATE OR LOCAL POLICE  DEPARTMENT,  where  such  officer  OR
MEMBER  OF  AN  AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or  reasonably  should
have  known  that such victim was a police officer [or], A peace officer
OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes  the  death
of such officer, MEMBER OF AN AUXILIARY POLICE PROGRAM or another police
officer  or peace officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM under
circumstances which do not constitute murder  because  he  or  she  acts
under  the  influence  of  extreme  emotional disturbance, as defined in
paragraph (a) of subdivision one of section 125.25. The fact that  homi-

S. 3869                             4

cide  was committed under the influence of extreme emotional disturbance
constitutes a mitigating  circumstance  reducing  murder  to  aggravated
manslaughter in the first degree or manslaughter in the first degree and
need not be proved in any prosecution initiated under this subdivision.
  Aggravated manslaughter in the first degree is a class B felony.
  S 8. Paragraph (a) of subdivision 1 of section 125.26 of the penal law
is amended by adding a new subparagraph (ii-b) to read as follows:
  (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED  AND  MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS
AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF  PERFORMING  HIS  OR
HER  OFFICIAL  DUTIES,  AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE
KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY  POLICE
PROGRAM; OR
  S 9. Paragraph (a) of subdivision 1 of section 125.27 of the penal law
is amended by adding a new subparagraph (ii-b) to read as follows:
  (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED  AND  MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS
AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF  PERFORMING  HIS  OR
HER  OFFICIAL  DUTIES,  AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE
KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY  POLICE
PROGRAM; OR
  S  10.  This  act  shall  take  effect  on  the first of November next
succeeding the date upon which it shall have become a law.

2015-S3869A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5098
2019-2020: S1999

2015-S3869A (ACTIVE) - Summary

2015-S3869A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3869A

 TITLE OF BILL :  An act to amend the penal law, in relation to
categorizing members of an auxiliary police program organized and
maintained by a state or local police department with police officers
and peace officers for purposes of certain felony classifications

 SUMMARY OF PROVISIONS :

Section 1 of the bill states that this act shall be known as the
"Auxiliary Police Officers Yevgeniy Marshalik and Nicholas Pekearo
Memorial Act."

Section 2 of the bill amends Section 70.02 of the Penal Law
(Aggravated Criminally Negligent Homicide).

Section 3 of the bill amends Section 120.05 of the Penal Law
(Aggravated Criminally Negligent Homicide).

Section 4 of the bill amends subdivision 3 of section 120.05 of the
penal law as amended by chapter 472 of the laws of 2015.

Section 5 of the bill amends 120.08 of the Penal Law (Assault on a
Peace Officer, Police Officer, Firefighter, Emergency Medical Services
Professional, or On-Duty Member of an Auxiliary Police Program) as
added by chapter 632 of the laws of 1996.

Section 6 of the bill amends Section 125.11 of the Penal Law
(Aggravated Criminally Negligent Homicide).

Section 7 of the bill amends Section 125.21 of the Penal Law
(Aggravated Manslaughter in the Second Degree)as added by chapter 765
of the laws of 2005.

Section 8 of the bill amends Section 125.22 of the Penal Law
(Aggravated Manslaughter in the First Degree)as added by chapter 765
by the laws of 2005.

Section 9 of the bill amends Section 125.26 of the Penal Law
(Aggravated Murder)by adding a new subparagraph (ii-b).

Section 10 of the bill amends paragraph (a) of subdivision 1 of
section 125.27 of the Penal Law (Murder in the First Degree)by adding
a new subparagraph (ii-b).

Section 11 of the bill is the effective date.

 JUSTIFICATION :

Auxiliary police officers provide a much-needed service to New York
State. Although auxiliary police officers do not engage in preemptive
enforcement action, they do patrol in uniform on the streets of New
York and are a vital part of the law enforcement system in communities
across the state.

On Friday, March 16th, 2007, auxiliary police officers Yevgeniy
Marshalik and Nicholas Pekearo were shot and killed while on patrol in
New York City's West Village. Though the man who shot the officers was
subsequently killed in a firefight with police officers, if his case
had gone to trial he would have likely been charged with lesser crimes
for the murder of auxiliary police officers Marshalik and Pekearo than
he would have for killing a police officer.

Auxiliary police officers are unpaid volunteers who courageously
devote their time to ensuring the safety of the citizens of New York,
sometimes putting themselves in harm's way to do so. Therefore, it is
crucial that we recognize the civically-minded sacrifices they make
and strengthen the penalties for anyone who attacks or kills them
while in the line of duty.

This bill, the Auxiliary Police Officers Yevgeniy Marshalik and
Nicholas Pekearo Memorial Act, would remedy the inequity under current
law and provide a stronger deterrent to discourage violence against
auxiliary police officers in the future.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which it shall have become a law; provided that section
four of this act shall take effect on the same date and in the same
manner as section one of chapter 472 of the laws of 2015, takes
effect.

2015-S3869A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3869--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the penal law, in relation to categorizing members of an
  auxiliary  police program organized and maintained by a state or local
  police department with police officers and peace officers for purposes
  of certain felony classifications

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "Auxiliary
Police Officers Yevgeniy Marshalik and Nicholas Pekearo Memorial Act".
  S 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67,  assault  on a peace officer, police officer, [fireman or] FIRE-
FIGHTER, emergency medical services professional, OR MEMBER OF AN AUXIL-
IARY POLICE PROGRAM, WHILE  ON  DUTY,  as  defined  in  section  120.08,
assault  on  a  judge  as defined in section 120.09, gang assault in the
second degree as defined in section 120.06, strangulation in  the  first
degree  as  defined  in section 121.13, burglary in the second degree as
defined in section 140.25, robbery in the second degree  as  defined  in
section  160.10, criminal possession of a weapon in the second degree as
defined in section 265.03, criminal use  of  a  firearm  in  the  second
degree  as  defined in section 265.08, criminal sale of a firearm in the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09115-02-6

S. 3869--A                          2

second degree as defined in section 265.12, criminal sale of  a  firearm
with  the aid of a minor as defined in section 265.14, aggravated crimi-
nal possession of a weapon as defined in section 265.19,  soliciting  or
providing support for an act of terrorism in the first degree as defined
in  section  490.15,  hindering  prosecution  of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon  in  the  third  degree  as  defined  in
section 490.37.
  S  3.  Subdivision 3 of section 120.05 of the penal law, as amended by
chapter 196 of the laws of 2014, is amended to read as follows:
  3. With intent to prevent a peace officer, a police officer,  prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure  law,  registered  nurse, licensed practical nurse, sanitation
enforcement agent, New  York  city  sanitation  worker,  a  firefighter,
including a firefighter acting as a paramedic or emergency medical tech-
nician  administering  first aid in the course of performance of duty as
such firefighter, an emergency medical service  paramedic  or  emergency
medical  service technician, or medical or related personnel in a hospi-
tal emergency department,  a  city  marshal,  a  school  crossing  guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, a traffic enforcement officer [or], A traffic enforcement agent
OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A
STATE  OR  LOCAL POLICE DEPARTMENT WHILE PERFORMING HIS OR HER DUTIES AS
SUCH AUXILIARY POLICE OFFICER, from performing a lawful duty,  by  means
including  releasing or failing to control an animal under circumstances
evincing the actor's intent that the animal obstruct the lawful activity
of such peace officer, police officer, prosecutor as defined in subdivi-
sion thirty-one of section 1.20 of the criminal  procedure  law,  regis-
tered nurse, licensed practical nurse, sanitation enforcement agent, New
York  city  sanitation  worker, firefighter, paramedic, technician, city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, traffic enforcement officer  [or],
traffic  enforcement  agent OR MEMBER OF AN AUXILIARY POLICE PROGRAM, he
or she causes physical injury to such  peace  officer,  police  officer,
prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
criminal procedure law,  registered  nurse,  licensed  practical  nurse,
sanitation  enforcement  agent,  New  York city sanitation worker, fire-
fighter, paramedic, technician or medical  or  related  personnel  in  a
hospital  emergency  department,  city  marshal,  school crossing guard,
traffic enforcement officer [or], traffic enforcement agent  OR  ON-DUTY
MEMBER OF AN AUXILIARY POLICE PROGRAM; or
  S  4.  Subdivision 3 of section 120.05 of the penal law, as amended by
chapter 472 of the laws of 2015, is amended to read as follows:
  3. With intent to prevent a peace officer, a police officer,  prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed practical nurse, public health
sanitarian,  New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, a firefighter, including  a
firefighter acting as a paramedic or emergency medical technician admin-
istering  first  aid  in the course of performance of duty as such fire-
fighter, an emergency medical service  paramedic  or  emergency  medical
service  technician, or medical or related personnel in a hospital emer-
gency department, a city marshal,  a  school  crossing  guard  appointed
pursuant  to section two hundred eight-a of the general municipal law, a
traffic enforcement officer [or] A traffic enforcement agent OR A MEMBER
OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY  A  STATE  OR

S. 3869--A                          3

LOCAL  POLICE  DEPARTMENT  WHILE  PERFORMING  HIS  OR HER DUTIES AS SUCH
AUXILIARY POLICE OFFICER,  from  performing  a  lawful  duty,  by  means
including  releasing or failing to control an animal under circumstances
evincing the actor's intent that the animal obstruct the lawful activity
of such peace officer, police officer, prosecutor as defined in subdivi-
sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
tered nurse, licensed practical nurse,  public  health  sanitarian,  New
York  city  public  health sanitarian, sanitation enforcement agent, New
York city sanitation worker, firefighter,  paramedic,  technician,  city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a  of the general municipal law, traffic enforcement officer [or],
traffic enforcement agent OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he
or she causes physical injury to such  peace  officer,  police  officer,
prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
criminal procedure law,  registered  nurse,  licensed  practical  nurse,
public  health sanitarian, New York city public health sanitarian, sani-
tation enforcement agent, New York city sanitation worker,  firefighter,
paramedic,  technician  or  medical  or  related personnel in a hospital
emergency department,  city  marshal,  school  crossing  guard,  traffic
enforcement officer [or], traffic enforcement agent OR ON-DUTY MEMBER OF
AN AUXILIARY POLICE PROGRAM; or
  S  5.  Section 120.08 of the penal law, as added by chapter 632 of the
laws of 1996, is amended to read as follows:
S 120.08 Assault on a peace officer, police officer, [fireman or]  FIRE-
           FIGHTER,  emergency medical services professional, OR ON-DUTY
           MEMBER OF AN AUXILIARY POLICE PROGRAM.
  A person is guilty of assault on  a  peace  officer,  police  officer,
[fireman  or]  FIREFIGHTER,  emergency medical services professional, OR
ON-DUTY MEMBER OF AN AUXILIARY  POLICE  PROGRAM  when,  with  intent  to
prevent  a  peace  officer,  A  police officer, a [fireman] FIREFIGHTER,
including a [fireman] FIREFIGHTER acting as  a  paramedic  or  emergency
medical  technician administering first aid in the course of performance
of duty as such [fireman] FIREFIGHTER, [or] an emergency medical service
paramedic [or], AND emergency medical service technician, OR A MEMBER OF
AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAINTAINED BY A STATE OR LOCAL
POLICE DEPARTMENT WHILE PERFORMING HIS OR HER DUTIES AS  SUCH  AUXILIARY
POLICE  OFFICER, from performing a lawful duty, he OR SHE causes serious
physical injury to such peace officer, police officer,  [fireman]  FIRE-
FIGHTER,  paramedic  [or], technician, OR ON-DUTY MEMBER OF AN AUXILIARY
POLICE PROGRAM.
  Assault on a peace officer, police officer, [fireman or]  FIREFIGHTER,
emergency  medical services professional, OR ON-DUTY MEMBER OF AN AUXIL-
IARY POLICE PROGRAM is a class C felony.
  S 6. Section 125.11 of the penal law, as added by chapter 765  of  the
laws of 2005, is amended to read as follows:
S 125.11 Aggravated criminally negligent homicide.
  A  person  is guilty of aggravated criminally negligent homicide when,
with criminal negligence, he or she causes the death of a police officer
[or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such  officer
OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his  or  her official duties and the defendant knew or reasonably should
have known that such victim was a police officer  or  peace  officer  OR
MEMBER OF AN AUXILIARY POLICE PROGRAM.
  Aggravated criminally negligent homicide is a class C felony.

S. 3869--A                          4

  S  7.  Section 125.21 of the penal law, as added by chapter 765 of the
laws of 2005, is amended to read as follows:
S 125.21 Aggravated manslaughter in the second degree.
  A  person  is  guilty  of aggravated manslaughter in the second degree
when he or she recklessly causes the death of  a  police  officer  [or],
peace  officer  OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND
MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT where such  officer  OR
MEMBER  OF  AN  AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or  reasonably  should
have  known  that  such  victim was a police officer or peace officer OR
MEMBER OF AN AUXILIARY POLICE PROGRAM.
  Aggravated manslaughter in the second degree is a class C felony.
  S 8. Section 125.22 of the penal law, as added by chapter 765  of  the
laws of 2005, is amended to read as follows:
S 125.22 Aggravated manslaughter in the first degree.
  A  person  is  guilty  of  aggravated manslaughter in the first degree
when:
  1. with intent to cause serious physical injury to  a  police  officer
[or], peace officer OR A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED
AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT, where such officer
OR MEMBER OF AN AUXILIARY POLICE PROGRAM was in the course of performing
his  or  her official duties and the defendant knew or reasonably should
have known that such victim was a police officer [or], a  peace  officer
OR  A  MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes the death
of such officer OR MEMBER OF AN  AUXILIARY  POLICE  PROGRAM  or  another
police  officer  or  peace  officer  OR  A MEMBER OF AN AUXILIARY POLICE
PROGRAM; or
  2. with intent to cause the death of  a  police  officer  [or],  peace
officer  OR  A MEMBER OF AN AUXILIARY POLICE PROGRAM ORGANIZED AND MAIN-
TAINED BY A STATE OR LOCAL POLICE  DEPARTMENT,  where  such  officer  OR
MEMBER  OF  AN  AUXILIARY POLICE PROGRAM was in the course of performing
his or her official duties and the defendant knew or  reasonably  should
have  known  that such victim was a police officer [or], A peace officer
OR A MEMBER OF AN AUXILIARY POLICE PROGRAM, he or she causes  the  death
of such officer, MEMBER OF AN AUXILIARY POLICE PROGRAM or another police
officer  or peace officer OR MEMBER OF AN AUXILIARY POLICE PROGRAM under
circumstances which do not constitute murder  because  he  or  she  acts
under  the  influence  of  extreme  emotional disturbance, as defined in
paragraph (a) of subdivision one of section 125.25 OF THIS ARTICLE.  The
fact  that  homicide  was  committed  under  the  influence  of  extreme
emotional  disturbance  constitutes  a  mitigating circumstance reducing
murder to aggravated manslaughter in the first degree or manslaughter in
the first degree and need not be proved  in  any  prosecution  initiated
under this subdivision.
  Aggravated manslaughter in the first degree is a class B felony.
  S 9. Paragraph (a) of subdivision 1 of section 125.26 of the penal law
is amended by adding a new subparagraph (ii-b) to read as follows:
  (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED  AND  MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT WHO WAS
AT THE TIME OF THE KILLING ENGAGED IN THE COURSE OF  PERFORMING  HIS  OR
HER  OFFICIAL  DUTIES,  AND THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE
KNOWN THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY  POLICE
PROGRAM; OR
  S  10.  Paragraph  (a) of subdivision 1 of section 125.27 of the penal
law is amended by adding a new subparagraph (ii-b) to read as follows:

S. 3869--A                          5

  (II-B) THE INTENDED VICTIM WAS A MEMBER OF AN AUXILIARY POLICE PROGRAM
ORGANIZED AND MAINTAINED BY A STATE OR LOCAL POLICE DEPARTMENT  WHO  WAS
AT  THE  TIME  OF THE KILLING ENGAGED IN THE COURSE OF PERFORMING HIS OR
HER OFFICIAL DUTIES, AND THE DEFENDANT KNEW OR  REASONABLY  SHOULD  HAVE
KNOWN  THAT THE INTENDED VICTIM WAS SUCH A MEMBER OF AN AUXILIARY POLICE
PROGRAM; OR
  S 11. This act shall  take  effect  on  the  first  of  November  next
succeeding the date upon which it shall have become a law; provided that
section  four  of this act shall take effect on the same date and in the
same manner as section one of chapter 472 of the  laws  of  2015,  takes
effect.

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